For example, a Filipina marries a foreign citizen. She afterwards gets a new Philippine passport with her husband’s surname as her new last name.

But she and her foreign husband later divorce.

She now wants to go back to using her maiden name on her passport.

Can the Filipina simply apply for a new Philippine passport in which her maiden name is her surname?

No. Simply applying for a new passport from the Department of Foreign Affairs or a Philippine embassy is not enough. A court case is necessary before a divorced Filipina can change the name on her passport from her married to her maiden name.

This is because of Republic Act No. 8239. This law set certain conditions for the issuance of a passport:

d) In case of a woman who is married, separated, divorced or widowed or whose marriage has been annulled or declared by court as void, a copy of the certificate of marriage, court decree of separation, divorce or annulment or certificate of death of the deceased spouse duly issued and authenticated by the Office of the Civil Registrar General: Provided, That in case of a divorce decree, annulment or declaration of marriage as void, the woman applicant may revert to the use of her maiden name: Provided, further,That such divorce is recognized under existing laws of the Philippines;

This specific rule for passports is in contrast to the general rule that “a married woman has an option, but not a duty, to use the surname of the husband.”[1]

In the case of Remo vs. Secretary of Foreign Affairs, the Supreme Court upheld that general rule under Article 370 of the Civil Code, saying that a woman “is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. Further, this interpretation is in consonance with the principle that surnames indicate descent.”[2]

However, in that same 2010 case, the Supreme Court also upheld R.A. 8239 as a special situation provided by law, and thus affirmed that a woman cannot change the surname on her passport at will:

The Court notes that petitioner would not have encountered any problems in the replacement passport had she opted to continuously and consistently use her maiden name from the moment she was married and from the time she first applied for a Philippine passport. However, petitioner consciously chose to use her husbands surname before, in her previous passport application, and now desires to resume her maiden name. If we allow petitioner’s present request, definitely nothing prevents her in the future from requesting to revert to the use of her husbands surname. Such unjustified changes in one’s name and identity in a passport, which is considered superior to all other official documents, cannot be countenanced. Otherwise, undue confusion and inconsistency in the records of passport holders will arise. Thus, for passport issuance purposes, a married woman, such as petitioner, whose marriage subsists, may not change her family name at will.

THE ACQUISITION OF A PHILIPPINE PASSPORT IS A PRIVILEGE. THE LAW RECOGNIZES THE PASSPORT APPLICANTS CONSTITUTIONAL RIGHT TO TRAVEL. HOWEVER, THE STATE IS ALSO MANDATED TO PROTECT AND MAINTAIN THE INTEGRITY AND CREDIBILITY OF THE PASSPORT AND TRAVEL DOCUMENTS PROCEEDING FROM IT AS A PHILIPPINE PASSPORT REMAINS AT ALL TIMES THE PROPERTY OF THE GOVERNMENT. THE HOLDER IS MERELY A POSSESSOR OF THE PASSPORT AS LONG AS IT IS VALID AND THE SAME MAY NOT BE SURRENDERED TO ANY PERSON OR ENTITY OTHER THAN THE GOVERNMENT OR ITS REPRESENTATIVE.

As the OSG correctly pointed out:

[T]he issuance of passports is impressed with public interest. A passport is an official document of identity and nationality issued to a person intending to travel or sojourn in foreign countries. It is issued by the Philippine government to its citizens requesting other governments to allow its holder to pass safely and freely, and in case of need, to give him/her aid and protection. x x x

Viewed in the light of the foregoing, it is within respondent’s competence to regulate any amendments intended to be made therein, including the denial of unreasonable and whimsical requests for amendments such as in the instant case.[3]

But it is still the current law and, until R.A. 8239 is amended or the Supreme Court reconsiders the interpretation, it guides the Department of Foreign Affairs’ / Philippine embassies’ requirements for allowing a change of surname in a woman’s passport.

A foreign divorce must be first recognized by a Philippine Court, under Article 26 of the Family Code of the Philippines. This is obtained only by hiring a lawyer in the Philippines to lodge a Petition for judicial acknowledgment of foreign divorce with a Philippine Court. If the Petition is successful, a Court Order will be issued for the purpose of amending the applicant’s PSA marriage certificate.

17 thoughts on “How can a divorced Filipina revert her Philippine passport to her maiden name?”

Ako po ay pilipina, kinasal noong year 2000 sa japanese citizen dito sa Manila Philippines , after married he left Philippines and never heard from him, year 2005 he obtained divorce by agreement in Japan to remarry,
I was abundant and can’t do anything since we didn’t been together after married, until now after many years I’m still married to him..
I met a good soul ,3 yrs ago and now we wish to have a real family and legal..
Is it ok that I file a petition for foreign divorce recognizing ??
Hope you can advice me and help me out in my situation… More power! & God bless 🙏

Good day. Ask ko lang po… possible po ba na ma-revert back sa passport ang married name ko sa maiden name kung ang marriage has never existed? it was a simulated marriage but never registered in NSO/PSA.What would be the requirements for the reversion?

Good day! Tanong lang po. Me and my ex husband was recently divorce here in us and both green card holder. We were married in the philippines but I file for divorce here. I have already apply for a name change here to obtain my maiden name and also inform the us immigration to change my surname in my green card. I am also planning to change my surname in my passport but I have read that the divorce will only be recognize in the philippines if one of the party is a forgein national during the time that the divorce was file. Will there be any chance I can still change my last name in my passport? Thank you!

Hi. I’m afraid that I don’t see a way to change your surname on your Philippine passport back to your maiden name under the circumstances. You would do well to ask the DFA yourself, but I’d say no because the divorce you described cannot be recognized under present Philippine law.

Thanks for the reply sir! Follow up question po. Eventually I will apply for a us citizenship I guess that’s the only time I can change my last name in my passport by means of having a different passport that is. But what if I or both of us were us citizen already and we opt for an annulment to clear our civil status in the philippines for future marriage in the philippines to our future respective partner will that still make sense if we’re us citizen already? Or if I file for an annulment in the near future would that help me changing my name and status in the philippines? What ground would you think should I file for since the grounds for annulment in our law is not that broad? Thanks again atty!

Thanks atty! It’s actually a mutaul thing, we went on seperate ways on mutual grounds. I will look forward to your suggestions sir. I was just worried that I wouldn’t be able to travel outside the US due to different names on my green card and passport and different civil status since I’ve planning to take a vacation soon. I appreciate your response atty. thanks again!